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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Please can you assist with a problem that I have with

Resolved Question:

Hi

Please can you assist with a problem that I have with a tenant in a property of which I am the landlord of.
I used an agent to find the tenant and they drew up an Assured Shorthold Tenancy Agreement,the term that was printed on the agreement was Thirty Six Months from 2 April 2012 to and including 1 April 2013,this page 8 of 24 was initialled by the tenant and page 19 of 24 was signed by the tenant in the presence of the agent who signed the contract to witness the tenants signature.
I pointed out the typing error to the agent(should have said Twelve Months from 1 April 2012 to and including 31 March 2013 not Thirty Six),they corrected the error and sent a revised page to the tenant to initial and return to them,to this date the tenant has not done this.
What is will my legal position be on the 31 March 2013 in regard to the end of the tenancy?
Also the agent did not get the tenant to sign the inventory that I did and passed to them,what will my legal position be at the end of the tenancy in regards XXXXX XXXXX?

I look forward to hearing from you.

Kind Regards

Sean
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Has the tenant disclosed their position informally to you albeit that they have not returned the amended agreement?
2. Does the agent accept responsibility for the oversight?
Kind regards.

Tom
Customer: replied 2 years ago.

1-No.


2-I assume yes as they have also sent the tenant a letter asking her to go to their office to sign both documents.

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

I would think that the mistake in the tenancy agreement would be regarded as just that – a plain and obvious mistake and that the term of the tenancy agreement was in fact 2 April 2012 to 1 April 2013. Presumably all parties knew and accepted that the tenancy was to last for 12 month only and you did not agree a 36 month term at any point so would expect a court to rule (in the absence of amendment) that the term expires on 2nd April 2013

If you do not get the amended pages back from the tenant then I would serve your s21 notice with that expiry date in mind rather than the 31 March 2012. I would expect you to still get possession, though if the tenant does dispute then you woud have to have a hearing on the matter, though I would expect you to be successful.

The non-signing of the inventory is not helpful in terms of being able to confidently claim money from the deposit but it’s only an issue if the tenant disputes the deductions. You will have to see how this pans out in due course, but if the tenant has had a copy of the inventory and did not dispute it then you can attempt to claim this as imlied acceptance of the contents of it. It will likely still be okay but it’s less watertight than a signature.

This seems to all stem from the agent. I would suggest that he is not providing the service with a reasonable care/skill under the Supply of Goods and Services Act 1982 (section 13). If so this is a breach of contract and if you do suffer loss you will be able to claim damages from them.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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